Wyoming Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

The federal Family and Medical Leave Act is the sole statutory family and medical leave framework for Wyoming workers. Because Wyoming has enacted no state family leave law, the FMLA provides the entire legal foundation for job-protected family and medical leave in the state. Understanding Wyoming FMLA eligibility, qualifying reasons, employer coverage, and how to file a complaint is essential for both employees and employers operating in the state.

FMLA Coverage and Eligibility

The FMLA covers private employers with 50 or more employees within a 75-mile radius, all public agencies (state, local, and federal) regardless of size, and all public and private elementary and secondary schools. (U.S. DOL FMLA) Wyoming state agencies are covered employers under FMLA without regard to the number of employees. (006-6 Wyo. Code R. § 6-16)

To be eligible, an employee must have worked for the covered employer for at least 12 months, completed at least 1,250 hours of service in the preceding 12 months, and work at a location where the employer has 50 or more employees within 75 miles. FMLA leave is unpaid and job-protected; during leave, the employer must maintain the employee’s group health insurance under the same terms as if employment had continued. Upon return, the employee is entitled to the same or an equivalent position. (U.S. DOL FMLA)

FMLA provides up to 12 workweeks of leave per 12-month period for most qualifying reasons, and up to 26 workweeks in a single 12-month period for military caregiver leave. Leave may be taken continuously, intermittently, or on a reduced schedule when medically necessary.

Qualifying Reasons Under Wyoming FMLA

The FMLA applies uniformly in Wyoming as it does throughout the United States. Qualifying reasons for FMLA leave include: the birth of a child and care of the newborn within the first year; adoption or foster care placement of a child within the first year; the employee’s own serious health condition; care for a spouse, child, or parent with a serious health condition; a qualifying exigency related to a family member’s covered active military duty; and military caregiver leave for a covered servicemember or veteran with a serious injury or illness. (U.S. DOL FMLA FAQ)

A “serious health condition” requires either inpatient care or continuing treatment by a healthcare provider. Pregnancy-related conditions — including prenatal care — qualify as serious health conditions under the FMLA even without hospitalization. The FMLA’s qualifying exigency provisions cover activities such as short-notice deployment, military events, childcare arrangements, financial and legal matters, and counseling related to a family member’s deployment.

FMLA leave is available for certain health conditions resulting from domestic violence. An eligible employee may take FMLA leave for inpatient care or continuing treatment for conditions — including post-traumatic stress disorder — resulting from domestic violence. (U.S. DOL FMLA FAQ)

Is FMLA Paid or Unpaid in Wyoming?

Wyoming FMLA leave is unpaid. Wyoming has no mandatory or voluntary state program that supplements FMLA with paid benefits. Employees may use accrued employer-provided paid leave — such as sick time, vacation, or PTO — during FMLA if the employer’s policy permits or requires it. For Wyoming state employees, the FMLA leave period includes accrued sick leave, vacation, compensatory time, and any available donated sick leave, with the balance taken as unpaid leave if accrued paid leave is exhausted. (006-6 Wyo. Code R. § 6-16) Private-sector workers at employers with no paid leave policy have no income replacement during FMLA leave beyond employer-sponsored short-term disability insurance, which is not required by Wyoming law.

Does FMLA Apply to Small Businesses in Wyoming?

FMLA applies to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not covered by the federal FMLA. Wyoming has no state family leave law that extends similar protections to smaller employers — workers at businesses below the FMLA threshold have no statutory job-protected leave entitlement for family or medical reasons in Wyoming. The federal FMLA guide covers the full employer threshold analysis, including how to count employees and the 75-mile radius rule.

Wyoming employers with 15 or more employees are subject to the federal Pregnant Workers Fairness Act, which requires reasonable accommodations for pregnancy and related conditions. The Americans with Disabilities Act (ADA), enforced by the EEOC, may also require schedule modifications or leave as a reasonable accommodation for qualifying disabilities, independent of FMLA coverage. The Wyoming Fair Employment Practices Act (W.S. 27-9-101 through 27-9-106) mirrors federal anti-discrimination law and is enforced by the Wyoming Department of Workforce Services. (Wyoming DWS — Labor Standards)

Notice and Certification Requirements Under FMLA

Employees must provide covered employers with adequate notice of the need for FMLA leave — 30 days in advance for foreseeable leave, and as soon as practicable for unforeseeable leave. Employers may require medical certification from a healthcare provider to verify the need for FMLA leave. For Wyoming state employees, a 30-day advance notice requirement applies whenever the leave is foreseeable; the agency head or human resources office is responsible for designating leave as FMLA-qualifying and notifying the employee. (006-6 Wyo. Code R. § 6-16)

Covered employers must post a notice explaining FMLA provisions in a conspicuous workplace location. Employers must also include general FMLA information in employee handbooks or distribute a written notice to each new employee at hiring. (U.S. DOL FMLA FAQ)